August 21, 2000 Volume 6 -- Number 131 What follows is the case style or name, first paragraph, author's name, and the names of attorneys for the parties of each opinion released eletronically today to TBALink. This Issue (IN THIS ORDER):   00 New Opinion(s) from the Tennessee Supreme Court 01 New Opinion(s) from the Tennessee Supreme Court Workers' Compensation Panel 01 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court 05 New Opinion(s) from the Tennessee Court of Appeals 02 New Opinion(s) from the Tennessee Court of Criminal Appeals 00 New Opinion(s) from the Tennessee Attorney General (PDF format) 00 New Judicial Ethics Opinion(s) 00 New Formal Ethics Opinion(s) from the Board of Professional Responsibility   There are three ways for TBALink members to get the full-text versions of these opinions from the Web: Do a key word search in the Search Link area of TBALink. This option will allow you to view and save a plain-text version of the opinion. Browse the Opinion List area of TBALink. This option will allow you to download the original version of the opinion. Click the URL at end of each Opinion paragraph below. This option will allow you to download the original document. Lucian T. Pera Editor-in-Chief, TBALink TERENCE A. JOHNSON v. SATURN CORPORATION Court:TSC - Workers Comp Panel Attorneys: Thomas H. Peebles and Caroline Thomas Trost, Columbia, Tennessee, for the appellant, Saturn Corporation. Gary R. Gober and Stephen W. Elliott, Nashville, Tennessee, for the appellee, Terence A. Johnson. Judge: LOSER First Paragraph: The employer, Saturn Corporation, contends the evidence preponderates against the trial court's findings as to causation and notice. http://www.tba.org/tba_files/TSC_WCP/johnsonter.wpd STATE LIST FOR PERMISSION TO APPEAL Court:TSC - Rules http://www.tba.org/tba_files/TSC_Rules/CERTLIST_0821.wpd TALISA GAYLE HOWELL v. GARY MORRIS HOWELL Court:TCA Attorneys: Delilah A. Speed, Columbia, Tennessee, for the appellant, Gary Morris Howell. Thomas F. Mink, II, Lawrenceburg, Tennessee, for the appellee, Talisa Gayle Kelley. Judge: SUSANO First Paragraph: In this post-divorce case, Talisa Gayle Kelly, formerly Howell, ("Wife") filed a petition seeking to increase child support and to enforce other provisions of the judgment of divorce. The trial court ordered Gary Morris Howell ("Husband") to pay Wife the balance due her for her interest in the former marital residence. It further found Husband in contempt for failing to maintain a life insurance policy for the benefit of the parties' minor child and ordered him to pay Wife an amount approximating what he would have paid in insurance premiums had he maintained the policy as required by the divorce judgment. Wife was also awarded half of her attorney's fees. We reverse the trial court's award of the unpaid premiums; in all other respects, the judgment of the trial court is affirmed. http://www.tba.org/tba_files/TCA/HowellTG.wpd DEWEY LINEBERRY v. JASON LOCKE, et al. Court:TCA Attorneys: Henry Clay Barry, Lebanon, Tennessee, Elliott Ozment, Nashville, Tennessee, and Troy Brooks, Clarksville, Tennessee, for the appellant, Dewey Lineberry. Thomas I. Carlton, Jr. and Rebecca Wells Demaree, Nashville, Tennessee, for the appellees, Terry Ashe and Jason Locke. Judge: CANTRELL First Paragraph: A citizen whose private photographs and video tapes were seized in the execution of a search warrant sued the sheriff and a deputy for invasion of privacy and outrageous conduct. The trial judge directed a verdict for the defendants at the close of the plaintiff's proof. Because we agree that the plaintiff did not prove either cause of action, we affirm. http://www.tba.org/tba_files/TCA/lineberryd.wpd CYBILL SHEPHERD v. WEATHER SHIELD MANUFACTURING, INC. Court:TCA Attorneys: Kenneth R. Shuttleworth and William C. Sessions, Memphis, Tennessee, for the appellant, Weather Shield Manufacturing, Inc. Jeffrey A. Land and Timothy P. Harrison, Atoka, Tennessee, for the appellee, Cybill Shepherd. Judge: GLENN First Paragraph: The plaintiff brought suit against a manufacturer of windows and doors for allegedly supplying defective products which allowed substantial leaks into her dwelling and caused rotting because of excessive moisture. Following a nonjury trial, the trial court denied the plaintiff's claim pursuant to the Tennessee Consumer Protection Act but awarded judgment to the plaintiff on her claim that the defendant supplied defective doors and windows. Based upon our review, we affirm the trial court's denial of the Tennessee Consumer Protection Act claim. Finding that the plaintiff did not provide notice to the defendant of its allegedly defective product within the applicable statute of limitations, we reverse the award of damages to the plaintiff and dismiss her complaint. http://www.tba.org/tba_files/TCA/shepherdcyb.wpd DANIEL B. TAYLOR v. DONAL CAMPBELL, COMMISSIONER, TENNESSEE DEPARTMENT OF CORRECTION, et al. Court:TCA Attorneys: Daniel B. Taylor, Only, Tennessee, Pro Se. Paul G. Summers, Attorney General and Reporter; Michael Moore, Solicitor General; and Terri L. Bernal, Assistant Attorney General, for the appellees, Donal Campbell, Commissioner, Tennessee Department of Correction; Williams Keeling; Roland Colson; Faye Claud; Dinna Wilson; Wyema Helms; and Shirley Pluckett. Judge: SUSANO First Paragraph: Daniel B. Taylor filed a petition for declaratory judgment against the Commissioner and several other employees of the Tennessee Department of Correction, alleging that he is entitled to various sentence reduction credits and that his sentence is void and illegal. The trial court dismissed Taylor's petition. We vacate the judgment of the trial court and remand for further proceedings. http://www.tba.org/tba_files/TCA/TaylorDB.wpd KELLYE WAIR WILSON v. PAUL DAVID WILSON Court:TCA Attorneys: Dana C. McLendon III, Franklin, Tennessee, for the appellant, Paul David Wilson. D. Scott Parsley, Nashville, Tennessee, for the appellee, Kellye Wair Wilson. Judge: CANTRELL First Paragraph: This is an appeal from the trial court's refusal to modify Mr. Wilson's child support obligation after he was terminated from his place of employment. We reverse the trial court's judgment. http://www.tba.org/tba_files/TCA/wilsonkw.wpd STATE OF TENNESSEE v. DANA LOUISE SOLOMON Court:TCCA Attorneys: D'Artagnan H. (Chip) Perry, Knoxville, Tennessee, for the appellant, Dana Louise Solomon. Paul G. Summers, Attorney General and Reporter, R. Stephen Jobe, Assistant Attorney General, Randall E. Nichols, District Attorney General, and Robert L. Jolley, Jr., Assistant District Attorney General, for the appellee, State of Tennessee. Judge: OGLE First Paragraph: The appellant, Dana Louise Solomon, was convicted by a jury in the Knox County Criminal Court of first degree murder and received a sentence of life imprisonment in the Tennessee Department of Correction. On appeal, she raises several issues for our review. However, because the appellant failed to timely file her motion for new trial, she has waived all issues with the exception of her challenge to the sufficiency of the evidence underlying her conviction. Moreover, the appellant failed to timely file her notice of appeal. Nevertheless, in the interest of justice, we address the sufficiency of the evidence. Upon a review of the record and the parties' briefs, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/solomondl.wpd STATE OF TENNESSEE v. JESSE ROSS TOLBERT Court:TCCA Attorneys: Joe H. Walker, District Public Defender; Alfred Hathcock, Assistant Public Defender; and Roland Cowden, Assistant Public Defender, Harriman, Tennessee, for the appellant, Jesse Ross Tolbert. Paul G. Summers, Attorney General and Reporter; Clinton J. Morgan, Assistant Attorney General; J. Scott McCluen, District Attorney General; and Frank Harvey, Assistant District Attorney General; for the appellee, State of Tennessee. Judge: WOODALL First Paragraph: Defendant appeals as of right from his conviction of aggravated assault. At trial the trial judge did not let defense counsel question the sole prosecution witness about the witness' guilty plea to extortion and subsequent judicial diversion. The court did allow questioning regarding the facts underlying the witness' prosecution. Defendant now alleges that this evidentiary ruling violated his rights under the confrontation clauses of the United States and Tennessee Constitutions. We hold that the trial court erred. Under Tennessee Rule of Evidence 608 defense counsel should have been allowed to question the witness regarding the guilty plea and judicial diversion. However, we conclude that the error is harmless beyond a reasonable doubt. We thus affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/tolbertjr.wpd PLEASE FORWARD THIS E-MAIL! Feel free to forward this Opinion Flash on to anyone you know of with an e-mail address. GET A FULL-TEXT COPY OF AN OPINION! See the intrsuctions at the beginning of this edition of Opinion Flash. JOIN TBALink! While Opinion Flash is a free service of the Tennessee Bar Association, you must be a subscriber to TBALink, the premier Web site for Tennessee attorneys, in order to access the full-text of the opinions or enjoy many other features of TBALink. 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